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Introduction The case of Yokogawa Electric Corporation v. Union of India represents a significant judicial pronouncement on the procedural rigours governing trademark opposition proceedings…
Patents Act, 1970 — Sections 14, 15, 25(1) and Rule 55(5) — Examination and pre-grant opposition — Distinct and independent proceedings — Requirement of separate hearings where objections or prior art differ — Composite order must demarcate examination and opposition findings — Mechanical adoption of opponent’s submissions vitiates order — Violation of natural justice warrants remand to different Controller for fresh consideration — Appeal allowed.
Held: Where FER objections and opposition grounds are not identical and new prior art is introduced in opposition, separate hearings under Sections 14 and 25(1) are mandatory. Controller must independently apply mind and provide reasons. Pre-grant opponent has no locus in examination proceedings. Matter remanded for de novo consideration with liberty to all parties on merits
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Sabmiller India Ltd. v. Jagpin Breweries Ltd. Neutral Citation: 2014 SCC OnLine Bom 4842 …
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Introduction This legal case study examines a trademark opposition dispute between Tablets (India) Limited and…
Trade secret and competition law: a delicate balance Introduction In today’s knowledge-based economy, intangible assets…
Travel Blue Products India Pvt. Ltd. v. Miniso Life Style Pvt. Ltd. Introduction The case…
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ISBN: 978-81-928510-0-6
India’s Oldest Independent Digital Legal Knowledge Platform
ISBN: 978-81-928510-0-6